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Page 3 January 4, 1989 While the FDNR regulations limit the size of private residential multi -slip docks, these regulations do not apply to what the state considers a commercial docking facility. Whereas private facilities including membership facilities are limited to a maximum square footage to linear shoreline ratio of 10:1, no specific size limitation applies to docks classified as commercial. Any local regulations which limit the dock size would apply. The third issue involves the provision of public access to the Indian River and docking facilities. The county zoning code presently requires that residential subdivisions which front the Indian River, Atlantic Ocean, Intracoastal Waterway or other natural body of water in excess of 600 lineal feet provide a public access easement to the county or the dedication of the fair market value of such easement to be used for capital improvements to the park system. Thus, the proposed public/private docking facility would not only promote and encourage public access but also strengthen existing regulations which are designed to ensure public access to natural resources and recreation areas. The Planning and Zoning Commission directed staff to examine the need for specific guidelines to ensure the availability of these facilities to the public. Within the ordinance are provisions which prevent the leasing of slips to corporate entities and require that such a facility meet the necessary provisions of the state regulations. The lease with the state sets forth the specific quantities of slips made available to the public as well as requirements to satisfy that these objectives and regulations are being met. These can include required submittals to the state including a listing of persons renting slips. The DNR will take enforcement action on the basis of failure to comply with lease provisions and investigative action following complaints. Based upon the analysis, the staff finds merit in the applicant's request. Procedurally, the staff feels that the best way to structure this change would be to amend the zoning code to create a public/private dock use as a special exception in residential districts with the following criteria: 1. It must be located in a single family or multi -family zoning district; 2. It must be constructed in association with a multi -family development or a residential subdivision; 3. It must be located in waters classified as an Aquatic Preserve under Chapter 258, Florida Statues, as it may be amended; 4. It must be authorized by all local, state, and federal jurisdictional agencies, or have been granted express waivers therefrom, prior to construction; 5. Berthing slips must be made available for renting to the public at large in such quantities or ratio as may be required by the Department of Natural Resources, the Trustees of the Internal Improvement Fund, or both, according to the size of the docking facility; 6. Public access to any public/private docking facility shall be in a manner which provides minimum impact to surrounding residential uses; 7. Parking shall be provided at the ratio of one space per three berthing slips. 17 FEB 141989 BooF. 76 FAcE. 88